Compact Online Reference Encyclopedia (CORE)

Looking for information on a specific topic, training, rule, or process? Through one search here, you can find the information you need from ICAOS’ white papersadvisory opinionstraining modulesrules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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… 2376 … 2351 … waiver … 2397 … 2407 … 2421 … 2448 … definitions … 2004 … Waiver – means the voluntary relinquishment, in writing, of … right, claim or privilege by an offender. … Definition - Waiver
(a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state. (b) States that are party…
… shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender … 2004. … 2378 … 2351 … extradition … offender … transfer … waiverwaiver of extradition … transfer of supervision … 2004 … …
The offender may waive this hearing only if she or he admits to one or more violations of their supervision. See Rule 5.108(b), also Sanders v. Pennsylvania Board of Probation and Parole, 958 A.2d 582 (2008). The effect of waiving the probable cause…
… the violations. Second, and more important, the offender’s waiver is, in effect, an admission that they have committed … of supervised release. The critical elements of such a waiver are: The offender is apprised of the right to a … revocation … supervision … violation report … violations … waiver … 2448 … retaking … returning offenders … supervision …
Waiver of Formal Extradition Proceedings
Waiver of Formal Extradition Proceedings … returning offenders … violations … 2019 … Bench Book - 4.2 Waiver of Formal Extradition Proceedings …
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
… at *1 (D. Kan. June 4, 2007). It is clear, though, that no waiver of immunity should be inferred from the mere fact of … , the court rejected the plaintiff’s argument that a waiver of sovereign immunity could be inferred for any state … 776 (E.D. Wis. 2002). … immunity … judicial … liability … waiver … liability immunity … 2019 … Bench Book - 5.3.1.3 …
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states recognize that…
… Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning … shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender … infra , at §4.4 concerning hearing requirements. The waiver of extradition outlined in Rule 3.109 applies to any …
Whether an offender whose supervision was never transferred under the Compact and who subsequently absconds supervision is subject to the terms of the Compact and ICAOS rules and may the State from which the offender absconded return the offender under…
… Appx. 780, 2007 WL 2340795 (10th Cir. 2007) (‘plaintiff’s waiver of extradition renders any formal request or … a receiving state under the terms of ICAOS Rule 3.109, the waiver of extradition signed by an offender applying for … “any state to which the offender may abscond . . .” This waiver is required as a condition of transferring …
An offender who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Extradition and Rendition Act (UERA). Under that act, a fugitive may waive all…
… to the state demanding the fugitive. To be valid, the waiver must be in writing, in the presence of a judge, and … the terms of the ICAOS that includes  Rule 3.109 regarding waiver of extradition binds an offender. Therefore, an … supervision … supervision in receiving state … violations … waiverwaiver of extradition … warrant … 2421 … 2433 … …
Opinion as to Washington’s “deferred prosecution” statute (described in Chapter 10.05.020 et. seq. RCW) are subject to the Interstate Compact for Adult Offender Supervision (“Compact”) and are, therefore, eligible for transfer of supervision under Rule 2.…
… in the petition. As the result of the prior stipulation and waivers, Washington indicates that the proceeding is … him or her in the police report and is required to execute waivers of the right to a jury trial, the right to testify …
As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision to retake an offender…
… supervision … supervision in receiving state … violations … waiverwaiver of extradition … warrant … 2397 … 2437 … 2438 … 2440 …
The Eleventh Amendment guarantees state sovereign immunity from suit in federal court. The Eleventh Amendment ensures that states retain certain attributes of sovereignty, including sovereign immunity. Hans v. Louisiana, 134 U.S. 1, 13 (1890). Over the…
… in Articles III and IV of the ICAOS may constitute a state waiver of immunity from suits against the Interstate … in state courts, but it does not necessarily constitute a waiver of Eleventh Amendment immunity against suits in … clause extends only as far as other more specific partial waivers in the Compact, not to any and all suits. 781 F.2d …
The following key terms and their definitions supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means to be absent from the offender’s approved place of residence and employment; and failing to…
… of a crime; or any sex offense requiring registration; Waiver means the voluntary relinquishment, in writing, of a … … rules … supervision … violations … violent crime … waiver … warrant … 2397 … definitions … 2019 … Bench Book - …
(a) No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact is not subject to…
… state under the Compact and no application for transfer or waiver of extradition ever occurred, neither the Compact nor …
Some states may use a “sentencing” option referred to as deferred prosecution. Such sentences, which are generally authorized by a state’s statutes, allow the offender to admit under oath or stipulate to the facts of the criminal conduct, but defer…
… those regarding admissions of material fact and waiver of rights, would be subject to the Compact. By …
(a) An offender subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred. (b) No…
… near the place where the alleged violation occurred. (b) No waiver of a probable cause hearing shall be accepted unless …
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements. Adult – means both…
… state under the Compact and no application for transfer or waiver of extradition ever occurred, neither the Compact nor … of a crime; or any sex offense requiring registration. Waiver – means the voluntary relinquishment, in writing, of … fees … travel permit … violations … violent crime … waiver … warrant … 2419 … 2420 … definitions … 2017 … …
Rule 5.108(e) requires the receiving state to prepare a written report of the hearing within 10 business days and to transmit the report along with any evidence or record from the hearing to the sending state. The report must contain (1) the time, date…
… an on-site probable cause hearing prior to retaking; waiver of hearing will not be inferred by offender’s failure …
Rules governing transfer of supervision under the compact of the Interstate Commission for Adult Offender Supervision
This on-demand training module provides an introduction to ICAOS and rules relevant to Judges, attorneys and other court personnel.
The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not…
Arresting & Detaining Compact Probationers and Parolees. Authority of officers to arrest an out-of-state offender sent to Florida under the ICAOS on probation violations.
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